You may think that you are justified in claiming compensation if hit by a city bus or other government vehicle, but the situation is not that easy. Governments all over the United States have a degree of immunity from civil claims against them, even if they are in the wrong.
Fortunately, despite the level of protection they enjoy, most governments do in fact allow a claim to be made as long as it is done in a timely manner and according to precise rules. A claim made against the city or the state government is quite possible if you have been injured in a car accident. Talk to a personal injury attorney about what is involved before making a claim.
City and State Laws Regarding Government Personal Injury Claims
All city government agencies as well as the state government are theoretically protected by “sovereign immunity” from constant personal injury claims against them, even if negligence has occurred. Sovereign immunity is a legal relic inherited from British laws that prevented ordinary people claiming compensation from the king or queen of the moment, hence the term “sovereign”. Immunity is fortunately waived in this state in certain circumstances where it can be proved that a negligent act has caused an individual injury.
The notice of claim will lead to an investigation into the incident, but it is common for the claim to be denied. In this case, you have the right to file a personal injury claim if your attorney advises you to do so.
Car Accident Claims are Limited by Tort Laws
A car accident involving a government owned or leased vehicle or because of a proven defect in government property may be allowed as a reason for a claim against the city.
There are a number of possible government vehicles that could be involved in a crash situation, but the commonest are city buses. It is possible that you could be hit by a police car, a hospital vehicle, or other vehicle belonging to one of the city’s departments, but making a claim against any of the latter may be prohibited if the vehicle was involved in a response to an emergency, i.e. a fire engine chasing along the street responding to a fire alarm.
Public Transit Accidents Which Can Lead to a PI Claim
Of all the possible car accident scenarios which involve some form of government property, the most likely is a collision with one of the city's many buses. The city does have an elevated light rail loop, called the People Mover, but because it is elevated above the level of the traffic, you cannot be injured by it if you stay in your own car!
Because bus accidents are the most common reasons for a city personal injury claim it is important to establish the reasons for a crash. Evidence that negligence has occurred is just as important in a claim against a government entity as it is for a claim against a private party.
Hire a Personal Injury Attorney if You Intend Making a Claim Against a Government Entity
There is too much at stake when you are injured by a government employee in a vehicle or because of negligence by a government agency. If the injury is serious and the financial consequences are severe, you cannot afford to make a mistake. You are strongly advised to hire a personal injury attorney to represent you throughout a claim against the city of Denver or any other government entity in the state.
Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against the city of Detroit or the state government of Michigan, or any other party, you may not be entitled to any compensation.
